Citation Nr: 1001744
Decision Date: 01/11/10 Archive Date: 01/22/10
DOCKET NO. 05-17 935 ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in New York,
New York
THE ISSUE
What evaluation is warranted from June 13, 2001 for hepatitis
C
REPRESENTATION
Appellant represented by: Disabled American Veterans
ATTORNEY FOR THE BOARD
B.B. Ogilvie, Associate Counsel
INTRODUCTION
The Veteran served on active duty from December 1975 to July
1982, and from January 1983 to July 1988.
This case comes to the Board of Veterans' Appeals (Board) on
appeal from a March 2004 rating decision by the Department of
Veterans Affairs (VA) Regional Office (RO) in New York, New
York. In October 2007, the Board remanded the case.
FINDINGS OF FACT
In correspondence received in January 2010, prior to the
promulgation of a decision in the appeal, the appellant
withdrew his appeal regarding the rating assigned for
hepatitis C.
CONCLUSION OF LAW
The criteria for withdrawal of a Substantive Appeal by the
appellant have been met. 38 U.S.C.A. § 7105(West 2002); 38
C.F.R. §§ 20.202, 20.204 (2009).
REASONS AND BASES FOR FINDINGS AND CONCLUSION
Under 38 U.S.C.A. § 7105, the Board may dismiss any appeal
which fails to allege specific error of fact or law in the
determination being appealed. A Substantive Appeal may be
withdrawn in writing at any time before the Board promulgates
a decision. 38 C.F.R. § 20.202. Withdrawal may be made by
the appellant. 38 C.F.R. § 20.204. The appellant withdrew
his claim regarding the evaluation assigned his hepatitis C
from June 13, 2001, in correspondence received in January
2010. In light of the foregoing, there remain no allegations
of errors of fact or law for appellate consideration.
Accordingly, the Board does not have jurisdiction to review
this issue and the appeal to the issue is dismissed.
ORDER
The claim of entitlement to an increased rating for hepatitis
C is dismissed.
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DEREK R. BROWN
Veterans Law Judge, Board of Veterans' Appeals
Department of Veterans Affairs